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Patna High CourtCR. MISC./5350/2019bail granted

Balram Singh @ Baliram Singh And ORS v. The State Of Bihar

2019-01-31Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5350 of 2019 Arising Out of PS. Case No.-281 Year-2018 Thana- TARAIYA District- Saran ======================================================

1. Balram Singh @ Baliram Singh, son of Rajdeo Singh.

2. Rajdeo Singh, son of Late Nawlakha Singh.

3. Shailesh Kumar Singh, son of Rajdeo Singh.

4. Dinesh Singh @ Dinesh Kumar Singh, son of Rajdeo Singh. All are residents of Village - Sangrampur, P.S.- Taraiya, Distt.- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yugal Kishore For the Opposite Party/s :

Mr. R.B. Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 31-01-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Taraiya Police Station Case No. 281 of 2018, disclosing offences under Sections 341,323, 326, 307, 379, 504 and 34 of the Indian Penal Code.

It is evident from the First Information Report that the alleged occurrence had taken place because of land dispute between the parties. Petitioner nos. 1, 3 and 4 are full brothers, who are sons of petitioner no. 2. It is alleged against petitioner no. 2 that he assaulted the informant with fists and slaps and when the informant's nephew came in rescue, other co-accused persons poured hot oil on the informant's nephew, who sustained

Patna High Court Cr.Misc. No.5350 of 2019(2) dt.31-01-2019 2/2 burn injuries.

Learned Counsel for the petitioner, with reference to the statement made in paragraph 7 of the application, submits that the injury has been found to be simple in nature. Considering the above statement and genesis of the occurrence, this application is allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - XI, Saran at Chapra, in connection with Taraiya Police Station Case No. 281 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) ragini/- U √ T √